New York Motion for Change of Venue - incorrect court district
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How to fill out Motion For Change Of Venue - Incorrect Court District?
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FAQ
Reasons for changes of venue include pretrial publicity, bias, political atmosphere, and any other circumstance that the parties believe would prevent them from obtaining a fair trial in the county in which the case was originally filed.
REASONS TO REQUEST A CHANGE OF VENUE Excessive pre-trial publicity. If details about your case have been widely publicized by the media, your attorney may effectively argue that it would be difficult to find unbiased jurors within your local area to afford you a fair trial. Pre-biased jury pool.
A motion for change of venue may be made fifteen (15) days after the demand unless within five (5) days of the demand the plaintiff serves written consent to a change to the venue specified in the demand. CPLR 511(b).
A change of venue request because venue is improper means that the removing defendant believes that the case may not be in that venue because it is improper under procedural rules.
A defendant or court official can file a petition for a change of venue if it is believed that a defendant cannot receive a fair trial in a given county for reasons such as: Pretrial publicity: Media coverage of criminal trials has the power to impact a defendant's Sixth Amendment right to an impartial jury.
To achieve a change of venue, defendants typically have to show a reasonable likelihood that they can't receive a fair trial. That reasonable likelihood is usually due to pretrial publicity, but it could have to do with some other event making it almost impossible to find an impartial jury.
Section 1404(a) of Title 28 provides that: "for the convenience of parties and witnesses, in the interest of justice, a district may transfer any civil action to any other district where it might have been brought." Any party, including plaintiff, may move for a transfer under 28 U.S.C. § 1404(a).